2011 Volume 8 Pages 115-132
Since the last decade of 20th century, the “precautionary principle or precautionary framework” becomes one of the most fundamental instruments in a variety of multilateral environmental regimes to cope with risks with high scientific uncertainty but possibly serious threat to human and the environment. However, its effective applicability or feasibility depends on the nature and/or prerequisite of the risk issues involved in the risk management. The international ballast water convention, adopted by International Maritime Organization in 2004, is one of such examples with high scientific uncertainty and complexity resulting from socio-cultural dynamics in our modern society. This paper examines 1) which factors of scientific, socio-political and/or environmental elements functioned effectively at each development stage of the regime from the proposal up to the ratification, and 2) how the context of the scientific uncertain issues has been changed for making the precautionary framework feasible within the ballast water regime.
The accumulation of scientific knowledge, the change in values of stakeholders for preserving marine- biodiversity, and the development of salient policy solutions including “compliance mechanism” have made “precautionary framework” to the regime applicable and formed the ballast water convention.